Trademark Registration in Hong Kong SAR: Frequently Asked Questions (FAQs)
I. Can a trademark registered in the Chinese Mainland be automatically protected in Hong Kong SAR?
No. Hong Kong operates an independent trademark registration system. A trademark registration obtained in Chinese Mainland does not automatically extend protection to Hong Kong. Separate applications must be filed with the Hong Kong Intellectual Property Department (IPD).
II. Does the Hong Kong IPD provide a pre-filing trademark search?
Yes. The Hong Kong IPD provides a free online trademark search database through its official website. If applicants seek an official opinion before filing, they may submit Form T1 and pay the prescribed fee to request an official search. The applicant may request the official opinion on:
l whether the trademark may be refused on absolute grounds, such as lack of distinctiveness; and/or
l whether identical or similar earlier trademarks exist in the official records.
III. Information Required for a Hong Kong Trademark Application
A Hong Kong trademark application may be filed in either Chinese or English, and no Power of Attorney is required.
The following information should be provided:
No. | Item | Notes |
1 | Applicant Information | ² Name and address of the applicant ² If the applicant is a U.S. company, the state of incorporation should also be provided. |
2 | Trademark Representation | ² If color protection is claimed, a color representation of the trademark must be submitted, and the specific colors claimed as elements of the trademark must be stated in the application. ² Where multiple versions of the trademark differ only in non-distinctive aspects that do not substantially affect the identity of the mark, they may be filed as a series mark in a single application (up to four marks, such as Simplified Chinese and Traditional Chinese versions). |
3 | Designated Classes and Goods/Services | ² The IPD adopts a relatively flexible approach to the specification of goods and services and is not strictly limited to the Nice Classification wording. ² If the specification is considered unacceptable, the IPD will issue a Notice of Deficiencies together with suggested amendments. |
4 | Priority Claim (If Applicable) | ² Priority documents are generally not required. ² It is normally sufficient to provide the priority application number, filing date, and country/territory in the application form. |
IV. Examination Procedure and Timeline for Trademark Applications in Hong Kong
Stage | Timeframe | Examination Content | Outcome / Subsequent Action |
Filing | 1–2 working days | ² Form T2; ² Trademark representation; ² Classes and specification of goods/services, etc. | The application number and filing date are obtained. |
Formal Examination | Approximately 2 weeks to 1 month | Examination of the completeness and accuracy of the application | ² If deficiencies are identified, the IPD issues a Notice of Deficiencies. ² The applicant must remedy the deficiencies within 2 months. |
Substantive Examination | Approximately 3 months | ² Searching for prior trademarks; ² Examination of distinctiveness, prohibited marks, and other registrability requirements | ² If objections are raised, the IPD issues a Notice of Opinion. ² The applicant has 6 months (extendable by 3 months) to respond. |
Publication and Opposition Period | 3 months (extendable by 2 months) | ² The application is published. ² Any party may file an opposition. | ² The opponent must file Form T6. ² The applicant must file a Counter-Statement within 3 months from receiving the notice of opposition (extendable by 2 months); otherwise, the application will be deemed withdrawn. |
Registration | Upon expiry of the opposition period with no opposition, or the opposition is dismissed | ² The trademark is registered; ² The Certificate of Registration (electronic only) is issued. |
Under normal circumstances, a Hong Kong trademark application can generally proceed to registration within 6 to 8 months.
V. Post-Registration Maintenance
l The validity period of a registered Hong Kong trademark is 10 years, commencing from the date of registration. Renewal applications must be filed within 6 months preceding the expiry date. A further grace period of 6 months after expiry is available, subject to payment of additional fees.
l A trademark that has not been used in Hong Kong for 3 consecutive years may be subject to cancellation by any party. Therefore, it is essential to ensure regular use of the trademark and to properly preserve evidence of such use.